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Discrimination

In a RIF situation, what is the significance when the employer does not replace the terminated employee?

When, in the course of a RIF (Reduction in Force), the employer does not replace the terminated employee, what is the significance of the fact that the employer retained in the same position an employee outside the protected class, e.g., someone who is younger, or a different gender or race. Consider an employer with five production managers, four of whom are women.  In implementing the RIF, the company retains the four women but discharges the only male manager.  The fact that the employer retained all of the women and discharged the only man is sufficient, by itself, to raise a reasonable inference that the employer selected the man for discharge because of his gender. Caputy v. Quad-Graphics.  

Pamela A. Smith
Law Office of Pamela A. Smith
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Newton, MA 02464
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pam@pamsmithlaw.com

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